Arjun Kumar @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20874 of 2016 Arising Out of PS.Case No. -453 Year- 2015 Thana -BODHGAYA District- GAYA ======================================================
1. Arjun Kumar @ Sonu S/o Indradeo Mistry @ Indradeo Mahto, resident of village- Kurapati, P.S.- Mohanpur, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Dr.Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 356, 379, 34, 392 and 412 of the I.P.C Allegedly, two unknown motorcycle borne criminals snatched Iphone-6 from the foreigner lady tourist of Australia. During investigation the petitioner confessed his guilt and five mobiles were recovered.
Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, the robbed mobile was not recovered from possession of the petitioner and without any fault he is suffering in custody since 12.02.2016, prior to lodging of this case the petitioner was not
Patna High Court Cr.Misc. No.20874 of 2016 (3) dt.01-07-2016 2/2 made accused in any other criminal case but thereafter the petitioner was made accused in Bodh Gaya P.S. Case No. 26 of and as such the petitioner deserves sympathetic consideration.
The learned A.P.P. opposes prayer for bail.
In the facts and circumstances as stated above, the petitioner is directed to be released on bail, after completion of six months in custody, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gaya in Bodh Gaya P.S. Case No. 453 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T